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(영문) 부산지방법원 2018.01.26 2017노3996
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (two years of imprisonment, and one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendants made confession of all the crimes when they were committed in the first instance, and there is no past record of punishment heavier than a fine, and Defendant B did not have any particular criminal history except for Defendant B who was sentenced to a suspended sentence of 8 months for embezzlement in 1987.

However, insurance fraud requires strict punishment in terms of that it harms the foundation of the insurance system by impairing the purpose of the insurance system, promoting a speculative spirit, promoting the distribution of reasonable risks, and causing the sacrifice of many subscribers to insurance, and thus undermining the foundation of the insurance system. Defendant A has the history of punishment for the same kind of crime; Defendant A’s fraud amount exceeds the total of KRW 543 million in the case of Defendant A; Defendant B; Defendant B committed each of the crimes of this case over a long period; Defendant B repeatedly committed each of the crimes of this case; Defendant B did not recover damage; Defendant did not agree with the victimized insurance company; Defendant did not have any change of circumstances that would otherwise be determined differently from the judgment of the court below; Defendant’s age, sexual behavior, environment; Defendant’s motive, means and consequence of each of the crimes of this case; and Defendant’s recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court after the crime, it is not recognized that each of the offenses against the Defendants is too unfair.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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